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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 589   View pdf image (33K)
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ART. 23] REMEDY AGAINST STOCKHOLDERS. 589

47 Md. 200; Hager v. Cleveland, 36 Md. 476; Hammond v. Straus, 53 Md. 10;
Knickerbocker Trust Co. v. Myers, 133 Fed. 764. Myers v. Knickerbocker
Trust Co., 139 Fed. 111.

The liability of stockholders under this section to creditors is absolute and
primary; hence, the former may be sued without exhausting the remedy
against the corporation. Matters which do not discharge the stockholder
from liability. Knickerbocker Trust Co. v. Myers, 133 Fed. 764 (based on
the act of 1892, ch. 109). And see Myers v. Knickerbocker Trust Co., 139
Fed. 111.

A stockholder may be sued on his liability by virtue of this section, under
the practice act of 1886, ch. 184, applicable to Baltimore city. Coulbourn v.
Boullon, 100 Md. 354. And see Morris v. Wrenschall, 34 Md. 492.

This section referred to in construing section 117—see notes thereto.
Miners' Bank v. Snyder, 100 Md. 66; Myers v. Knickerbocker Trust Co., 139
Fed. 111 (affirming 133 Fed. 764); Knickerbocker Trust Co. v. Cremen, 140
Fed. 973.

The act of 1892, ch, 109, section 85 L, referred to in construing section 24
—see notes thereto. Md. Trust Co v. Mechanics' Bank, 102 Md. 619.

The act of 1892, ch. 109, cited but not construed in Penniman v. Miners'
Bank, 100 Md. 456.

As to the liability of stockholders of banks and trust companies, see art.
11, sec. 69.

1904, art. 23, sec. 105. 1904, ch. 337, sec. 85 L 1,

117. The exclusive remedy for the enforcement against stockholders
of all rights existing under the preceding section as said section stood
before the repeal thereof by the act of 1904, entitled "An Act to repeal
section 85 L of article 23 of the code of public general laws, title 'Cor-
porations,' sub-title 'General Regulations,' as enacted by the acts of,
1892, chapter 109, and to re-enact the same with amendments," and
existing at the time of the passage thereof, and which were declared by
said act not to be affected by the terms thereof, shall be, as against stock-
holders residing in the State of Maryland, by bill in equity in the nature
of a creditors' bill filed against such stockholders by one or more cred-
itors on behalf of themselves and all other creditors of the corporation
who may come in and make themselves parties thereto, in a court having
jurisdiction within the limits of the county or the city of Baltimore, in
which, as the case may be, the principal office of the corporation is
situated at the time of the filing of the bill, or, in case any such corpora-
tion has, by reason of having been placed in the hands of a receiver,
or from any other cause, ceased to have any principal office at the time
of the filing of the bill, then the bill shall be filed in a court having
jurisdiction within the limits of the county or the city of Baltimore in
which, as the case may be, the said corporation had its last principal
place of business; and to any such bill stockholders residing beyond the
limits of the State of Maryland may become parties defendant, and
upon so becoming parties shall not be proceeded against in any other
State or territory or in the District of Columbia in respect of any
liability imposed by the said section 85 L, as said section stood before
the repeal thereof, and which existed at the time of the passage of the
act of 1904 hereinbefore referred to. This section shall become operative
as of January 1, 1903, and shall cause the abatement of all actions at
law which shall have been brought against said stockholders since that
date to enforce any liability created by section 85 L as said section stood

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 589   View pdf image (33K)
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